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Whistleblower Protection

Designated case handler

The designated case handler is the competent and independent person or unit responsible for operating the internal reporting channel, receiving and assessing reports and taking appropriate follow-up action.

The designated case handler is the natural person or organisational unit that an employer entrusts with operating the internal reporting office under the German Whistleblower Protection Act (Hinweisgeberschutzgesetz, HinSchG). They are the operational core of the internal reporting channel: reports converge with them, they receive incoming disclosures, assess their substance and steer the subsequent procedure. The employer may assign this task to one of its own employees, to several members of a work unit, or to an external third party such as an ombudsperson or a law firm.

The statutory duties include acknowledging receipt of a report within seven days, maintaining contact with the whistleblower, assessing whether the reported breach is substantiated, requesting further information where needed, and taking appropriate follow-up measures. No later than three months after the acknowledgement of receipt, the case handler must provide feedback to the whistleblower on the follow-up measures planned or already taken and the reasons for them. The entire process is subject to a documentation obligation, kept in a permanently retrievable form.

The qualification and standing of the designated case handler are decisive for the system to work. The HinSchG requires that the persons charged with these tasks possess the necessary expertise and carry out their work independently. They may perform other duties alongside this role, but must remain free of conflicts of interest while doing so. They are also bound by a strict confidentiality requirement: the identity of the whistleblower, of the person concerned and of any others named in the report must be protected. Breaches of these obligations, or obstructing reports, can be subject to fines.

Legal Basis

Section 15 HinSchG (tasks of the internal reporting office), Section 14 HinSchG (establishment), Sections 17, 18 HinSchG (procedure), Section 8 HinSchG (confidentiality requirement)

Practical Example

A mid-sized company with 300 employees appoints the head of its legal department as the designated case handler and trains her in HinSchG-compliant case management. When a report about possible corruption payments in procurement comes in, she acknowledges receipt within five days via the confidential whistleblowing system, checks the plausibility, launches an internal investigation, and provides feedback on the follow-up measures to the whistleblower after ten weeks – without ever revealing the whistleblower's identity.

FAQ

The HinSchG requires the necessary expertise without prescribing a particular professional background. In practice, a working knowledge of the HinSchG, case handling and data protection, together with communication skills, is essential. Employers should train the designated case handler accordingly.
Yes, a dual role is permissible as long as independence is preserved and no conflicts of interest arise. Functions such as compliance or data protection can often be combined, whereas management or HR roles are critical because of their conflict potential.
Yes, the HinSchG expressly allows engaging external third parties such as an ombudsperson or law firm. However, responsibility for remedying the breach and for complying with the statutory duties remains with the employer.

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